More than Just Lines on a Map: Best Practices for U.S Bike Routes
Presentation_on_E-FIling_for_Family_Law_CLE_2014
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BEST PRACTICES, TIPS AND
TRICKS FOR E‐FILING IN TEXAS
FILING ACCEPTED!
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Agenda
• Mandates and Rule Changes
• What the Rules Include
• E‐Filing Players and Process Overview
• Current State of E‐Filing in Texas
• Future Plans for E‐Filing in Texas
• Online Resources
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MANDATES AND RULE CHANGES
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Recent Supreme Court Mandates
January 2013
• Original Mandate signed
• June, 2013 revised Mandate signed
January 1, 2014
• Appellate Courts must e‐file
• 10 Largest Counties must e‐file
July, 2014 – July, 2016
• July 1, 2014 – 12 Additional Counties
• July 1, 2016 – All 254 counties e‐filing
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New Rules
• Effective December 13, 2013
• Adopted Tex.R.Civ.P. 21c
• Amended
• Tex.R.Civ.P. 4, 21, 21a, 45, 57 and 502
• Tex.R.App.P. 6, 9 and 48
• Published in:
• Texas Bar Journal
• Texas Register
• Copy highlighting changes can be found here
http://www.txcourts.gov/All_Archived_Documents/SupremeCourt/AdministrativeOrders/miscdoc
ket/13/13916500.pdf
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WHAT THE RULES INCLUDE
. . .and some practical tips
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Electronic Filing in General
• Electronic Filing ‐ TRCP 21(f) added
• Not required in juvenile cases under Title 3 of Family Code
or for pro se filers
• E‐mail address must be included in pleading
• Filing must be done through State’s E‐Filing Manager and a
certified E‐Filing Service Provider (EFSP)
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Electronic Filing in General
• Exceptions – TRCP 21(f)(4)
• Wills
• Original must be filed w/in 3 days after the Application to Probate
• Not to be filed electronically:
• Documents under seal or presented in camera
• Documents to which access is otherwise restricted by law or court
order.
• For good cause, the court may permit paper filing
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Timely Filing
• TRCP 21(f)(5)
• Midnight on the filing deadline unless a time is specified.
• Deemed filed when transmitted to the EFSP.
• Exceptions:
• If filed on a Saturday, Sunday or legal holiday, it is deemed
filed the next day that is not Saturday, Sunday or a holiday.
• If a document requires a motion and an order allowing its
filing, it is deemed filed on the date the motion is granted.
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Document Specifications
• Electronic Signatures
• /s/ and name typed in the signature area; or
• Electronic image or scanned image of the signature.
• Format
• Text‐searchable PDF
• Directly converted, not scanned
• Not locked
• No paper copies unless otherwise required by local rule.
• Appendices to appellate filings should be combined into one
file unless file size is an issue.
• Size Limits = 25 MB per document; 35 MB per filing
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Sensitive Information
• TRCP 21c(a) defines it as:
• Driver’s license, passport, Social Security, tax ID, or similar
government‐issues personal identification number
• Bank account, credit card or other financial account number
• Birth date, home address and name of any person who was a
minor when the suit was filed
• Unless required, sensitive data must be redacted.
• An unredacted copy must be retained.
• Must notify the clerk when filing documents containing
sensitive information.
• Clerk may not refuse to file, but may return for
correction.
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Protection for You
• TRCP 21(f)(5)
• Midnight on the filing deadline unless a time is specified.
• Deemed filed when transmitted to the EFSP.
• TRCP 21(f)(6)
• Party can seek relief if there is a technical failure or outage.
• Party must be given a reasonable extension of time.
• TRCP 21(f)(11)
• Non‐conforming documents may not be refused.
• Clerk should identify the error to be corrected and state a
deadline for resubmittal.
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THE PLAYERS
AND THE PROCESS
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E‐Filing Players
JCIT
• Judicial Committee
on Information
Technology
• Appointed by S.Ct.
• Establishes
standards and
guidelines for
technology in
Texas' courts
• Working to
produce additional
standards for
e‐filing
• Judicial Committee
on Information
Technology
• Appointed by S.Ct.
• Establishes
standards and
guidelines for
technology in
Texas' courts
• Working to
produce additional
standards for
e‐filing
EFSP
• E‐Filing Service
Provider
• Vendor to law
firms and state
agencies
• State run or
independent
• File&ServeXpress,
filetime, ProDoc,
etc.
• State service is
eFile.TxCourts.gov
• E‐Filing Service
Provider
• Vendor to law
firms and state
agencies
• State run or
independent
• File&ServeXpress,
filetime, ProDoc,
etc.
• State service is
eFile.TxCourts.gov
EFM
• E‐Filing Manager
• eFile.TxCourts.gov
• State’s e‐filing
system
• Run by Tyler
Technologies
• Formerly
TexasOnline or
Texas.gov, which
was run by a
different company
• E‐Filing Manager
• eFile.TxCourts.gov
• State’s e‐filing
system
• Run by Tyler
Technologies
• Formerly
TexasOnline or
Texas.gov, which
was run by a
different company
OCA
• Office of Court
Administration
• State agency in
judicial branch
• Administers
contract with and
oversees Tyler
Technologies
• Certifies EFSPs to
State standards
• Office of Court
Administration
• State agency in
judicial branch
• Administers
contract with and
oversees Tyler
Technologies
• Certifies EFSPs to
State standards
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Payment Issues
• Unless paid by EFSP, you
must have a credit card
on your account.
• Authorization Problems
• Over‐the‐limit
• Expiration Date
• Preauthorized estimated
filing fee + actual fee
• 3‐5 business days to
remove preauthorized
amount
• Some clerks do not take
American Express
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JCIT Technology Standards
• Version 1.4 released in mid‐October
• Incorporated by reference into the rules.
Tex.R.Civ.P. 21(f)(8)(D)
• Case Categories/Types
• Filing Types
• Additional Services
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Rejected vs. Returned for Correction
• Currently, 10% of filings are returned.
• Rejected did not reflect what Supreme Court
contemplated.
• New term is Returned for Correction.
• Still not listed as a filing status, but should be soon.
• Reasons for Rejection
1. Documents filed under seal or presented in camera.
Tex.R.Civ.P. 21(f)(4); or
2. Filer has been found to be a vexatious litigant and has not
presented an order permitting the filing. CPRC Section
11.103.
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E‐mail Service Address Issues
• Numerous incorrect
additions to Public List
• Firms may add only their
attorneys to Public List
• Nightly import from
State Bar and duplicate
removal process
• JCIT reviewing
• Designated service
address?
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Future Plans for E‐Filing in Texas
• E‐Filing in Criminal Cases
• Technology Updates
• Silverlight ‐> HTML5
• Mobile access
• Additional JCIT Technology Standards
• Probate adjustments
• Standardization of fees
• Process improvements
• Legislative Initiatives
• Public Access to Court Records
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Additional Resources
• Current Texas Rules of Civil Procedure
• EFSP Comparison Table
• eFileTexas.gov Self‐Service Help site
where you may submit a question or find useful links
• eFileTexas.gov FAQs
• List of active courts and deadlines for mandatory e‐filing
• JCIT Technology Standards v. 1.4 (Released October 14, 2014)
• JCIT Electronic Filing Page
• Local County Filing Practices
• Current Filer Issues
• Current EFSP Issues
• Current Clerk Issues
